Florida courts no longer use the term “custody” with regards to children. Instead, the Court fashions “timesharing plans” that consider specific factors that are in the best interests of the child(ren). One factor that can be difficult, especially if you are involved in a difficult divorce or paternity case, is the first factor the courts […]
Tag: Divorce Florida
Enforcement of Property Distribution
If you have been awarded a particular distribution of assets and/or liabilities, and the opposition is not doing what they have been ordered to do, there are many legal remedies available to compel compliance. The courts always maintain jurisdiction to enforce their own orders, and the law also provides remedies that can be enforced in […]
Imputing Income To An Unemployed Spouse – Paying Alimony
Imputation of income is an important legal concept for anyone who pays alimony to understand. If a former spouse who pays alimony (“payor spouse”) becomes unemployed, that payor spouse’s request to terminate, suspend, or reduce his or her alimony payments could be denied by the Court if the Court imputes income to that payor spouse. […]
The IRS Alimony Recapture Rule
Ordinarily alimony is deductible from the payor’s gross income, and includable in the recipient’s gross income, for income tax purposes. Thus there is some tax advantage to paying alimony. But, that advantage can be eliminated if you don’t pay heed to the IRS’ Alimony Recapture Rule (I.R.C. § 71(f)). If you are caught in the […]
How Is The Marital Estate Determined?
Everything that a spouse acquires from the day that the marriage occurred to the day that a Petition for Dissolution of Marriage is filed is marital by default. That includes assets and liabilities, however they are titled. We start with the assumption that all of those things are marital and thus part of the marital […]
Gifting The Home To Your Spouse
Let’s assume that, prior to the marriage, John solely owned a home with a mortgage that only he was liable for. After John married Nancy, he had a quitclaim deed prepared by an attorney, and signed over the house to himself and Nancy jointly. The mortgage remained unchanged. Ten years later, John seeks a divorce […]
Utilization Of A Parenting Plan Evaluator
At times, parents disagree over the schedule that is both suitable to the parties and in the best interests of the minor children. In these circumstances, some parents will enlist the assistance of a qualified evaluator to make expert recommendations regarding the “proper” parenting plan and timesharing schedule. While parenting plan evaluations are not mandatory […]
Child Support
Child support in Florida is a legal duty paid by both parents. The child support is not for the personal use of the receiving parent. It is the child(ren)’s money and is to be used for their use only. The parents that are involved in the divorce/paternity action do not have the right to waive […]